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(영문) 광주지방법원 2014.02.04 2013가단55824
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,744,140 as well as 20% per annum from October 8, 2013 to the day of full payment.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1 to 7:

On March 29, 2013, Cheonglim Information and Communications Co., Ltd. (hereinafter referred to as “Cheonglim Information and Communications Co., Ltd.”) issued a copy of Promissory Notes No. 1, which is 48,598,00 in Gwangju Metropolitan City, each of the place of payment, and the place of issuance, respectively, on April 20, 2013, and issued a copy of Promissory Notes No. 1,598,00 in the face value of Gwangju Metropolitan City, and issued a notarized deed No. 1430 (hereinafter referred to as “notarial deed of this case”) prepared by a notary public who belongs to the general office of Gwangju Metropolitan City, which states that the payment of the above amount of promissorysory notes would be delayed,

B. As the Cheonglim Information did not fulfill the obligation of the above bills, the Plaintiff, using the instant notarial deed as its executive title, filed an application with the Gwangju District Court for the attachment and assignment order of the claim against the Defendant for the claim for the payment of CCTV and Home System Price among the construction works of the Cheongdong apartment, which is a new attitude toward the Defendant of the Cheonglim Information. On April 25, 2013, the Gwangju District Court accepted the Plaintiff’s application and issued an assignment order of the claim (hereinafter “instant attachment and assignment order”) on April 25, 2013. The attachment and assignment order of the instant notarial deed was issued to the Defendant, the third obligor, at that time.

C. Meanwhile, on November 13, 2012, the Cheonglim Information Co., Ltd. was contracted and executed by the Defendant for the CCTV and Home Environment System construction among the new construction works of the new apartment building in Tae Tae Tae-soon. The construction cost to be paid by the Defendant to the Cheonglim Information exceeds KRW 48,744,140, which is the claim amount of the seizure and assignment order of this case.

2. According to the facts found in the judgment on the cause of the claim, the Defendant, the garnishee of the attachment and assignment order of this case, is the entire creditor, and the Plaintiff, the entire creditor, as sought by the Plaintiff.

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